VidhiSangh

Supreme Court of India · 22/09/2023

SHIRDI NAGAR PANCHAYAT versus KISHOR SHARAD BORAWAKE AND OTHERS

[2023] 12 S.C.R. 545 · 2023 INSC 851

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Summary

The Supreme Court upheld the municipality’s entitlement to amenity land surrendered as a condition of conversion from a no-development zone to residential use. Landowners who accepted the benefit and purchasers aware of the layout could not successfully challenge that condition after about fourteen years. The Court distinguished compulsory open space, which remained for plot holders’ use, from amenity space. It permitted an application offering substitute land to protect old trees.

Issues

  1. Whether the landowners and purchasers could belatedly challenge the accepted conversion condition.
  2. Whether amenity space was governed by the same ownership and use restrictions as compulsory open space.
  3. Whether substitution could be considered to preserve century-old trees.

Provisions considered

Held

Result

Appeals allowed; impugned common High Court judgment set aside and plot holders’ writ petition dismissed, with the express open-space findings preserved. Liberty granted to seek consideration of substitute amenity land to protect old trees.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 545.